DUI Checkpoints

Were you arrested at a California sobriety checkpoint?

Law enforcement sets up DUI checkpoints at night, weekends, and particularly
on holiday weekends in hopes of catching drunk drivers before they cause
serious accidents. Many people are unsure about their rights at a DUI
checkpoint. If you were arrested at a DUI checkpoint,
contact Gold & Witham. We have represented hundreds of drivers in similar situations, and know
what it takes to get you the best possible case result.

Are DUI checkpoints constitutional?

The constitutionality of DUI checkpoints (also known as "sobriety
checkpoints") has been contested for years. Specifically, DUI checkpoints
call the individual's Fourth Amendment rights to freedom from unlawful
searches and seizures into question. With a DUI checkpoint, there does
not have to be reasonable suspicion for an officer to question you. They
are still not allowed to search you unless you consent or they find probable
cause that you committed a crime.

Your Rights at a Sobriety Checkpoint

DUI checkpoints are regulated, and the officers that run them must comply
with the regulations. For example, sobriety checkpoints must be announced
ahead of time. Law enforcement must also have a method for stopping cars
that pass through the checkpoint, rather than arbitrarily stopping cars
(i.e. "every Xth vehicle").

You also have the right to refuse consent to a search. Law enforcement
officers can purposefully twist the way they phrase things to make it
sound like you have to consent to a search. For example, "You don't
have anything to hide, do you? Mind if I take a look in your vehicle?"
In reality, you are not obligated to consent to a search of your person
or vehicle at a DUI checkpoint.

Law enforcement also cannot keep you for an extended period at a checkpoint
unless they say they are formally detaining you. One thing you can ask
is, "Officer, am I being detained?" If they refuse to answer
this question or they say you are not being detained, then they legally
have to let you go.

Contacting Our South Bay DUI Lawyers

If you were arrested at a DUI checkpoint, let the attorneys at Gold &
Witham represent you and stand for your rights. We passionately advocate
for the rights of those arrested and charged with drunk driving. Want
to avoid tough penalties like jail and license suspension? Call us.

You can also fill out a
free online evaluation form to tell us about your case. We are here to explain your rights and options,
as well as defend you at the
DMV and court hearings.

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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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